Brands continue to promote sustainable and eco-friendly
qualities of their products and services, and regulators are
sharpening their enforcement tools in response. Both the United
States and European Union took steps in the past year to add to
their guidance and enforcement mechanisms related to green
advertising. Regulators are clearly concerned about green
advertising claims, and in particular the use of terms that could
convey multiple meanings such as "sustainable,"
"compostable," and "recycled content," as well
as ensuring that brands have credible substantiation for their
claims.
Of course, while brands review the latest regulatory guidance,
they should also remember that such claims can trigger challenges
in the United States from consumer class action lawyers,
competitors, and the National Advertising Division (NAD), a
self-regulatory forum. "Aspirational claims" in
particular—claims that make promises about future
environmental goals—can still generate
